A couple who separated after having twins through surrogacy have been granted parental rights despite a delay in making their application. 

Case Background 

When the couple were in a relationship, the woman was told she would be unable to conceive. The twins were born through surrogacy by the woman’s sister via artificial insemination using the man’s gametes. The couple separated amicably shortly after the twins were born but did not apply for parental orders until 21 months later, well past the six-month statutory deadline. 

Legal Issues 

The issues were whether they could apply after six months and whether they met the criterion of living as partners in an enduring family relationship despite their separation. The court granted the application, noting that it could not have been Parliament’s intention to bar applications beyond six months given the consequences for the child if no competent application were possible. 

Court’s Decision 

The court emphasized the reality of the children’s lives and family relationships. The children’s birth mother had never viewed them as her own. The court noted the importance of recognizing the woman as the children’s mother and granting her parental rights and responsibilities. The couple, though separated, continued to co-parent and intended to maintain an affectionate and committed relationship for the children’s welfare.